Post Termination Restrictions

Post-termination restrictions are provisions which may limit your activities after leaving a job. These could include non-compete clauses, non-solicitation clauses, and confidentiality clauses. Understanding these restrictions is crucial to navigating your career transitions.

Yes, common restrictions include non-compete clauses, which limit where you can work; non-solicitation clauses, which restrict your ability to approach former clients or colleagues; and confidentiality clauses, which prevent the disclosure of sensitive information. Each can have different implications for your future employment opportunities. If you are unclear on your restrictions, our solicitors are able to review and advise you upon the same.

The general position is that post-termination restrictions will be unenforceable as a restraint of trade unless an employer can show that the restriction goes no further than is reasonably necessary to protect a legitimate business interest. This means that restrictions must be reasonable in their drafting, scope and duration. However, we suggest taking legal advice on your restrictions, as even if they may be deemed unenforceable, this does not prevent an employer from attempting to do so.

If your former employer believes that you are acting in breach of your restrictions are likely to act quickly in order to protect their interests and limit any damage.

Depending on the circumstances, restrictions can be enforced in the civil courts and potential remedies are damages for any losses as well as injunctive relief to prevent the employee acting in breach.

Before commencing action, you may receive a letter before action. If you receive such correspondence or have proceedings commenced against you, you should take professional advice as a first step. Our solicitors can review the restrictions, any allegations, and the situation to advise on the most appropriate steps to take.

Yes, in many circumstances you can look to negotiate on restrictions before entering into the same. Our solicitors would be able review any proposed restrictions in order to advise you upon the same and any key grounds for negotiation.